Environmental Tribunal dismisses Wallace request for DWPI hearing
The Environmental Review Tribunal (ERT) has dismissed Green Party candidate Karren Wallace’s request for a hearing regarding the Amendment to REA No. 5460-98BPH8 held by Dufferin Wind Power Inc.
The dismissal decision by the ERT panel of Justin Duncan and Dirk Vanderbent said such an appeal “must relate to the Project design changes which the Director has approved. The Tribunal does not have the jurisdiction to consider, in this proceeding, other approvals, orders or decisions made by the MOE.”
The Environmental Review Tribunal is an independent body that hears public appeals including the Environmental Protection Act. Proceedings December 2nd were to confirm procedural directions for the main hearing that was to have been held in the coming year, but has now been dismissed.
Opposing Ms. Wallace were DWPI lawyers John Terry and Denis Mahony and Sylvia Davies was the lawyer for the Director of the Ministry of the Environment and Climate Control (MOECC).
Ms. Wallace said that from the outset the environmental review process was “heavily weighted against the average citizen,” and expressed her gratitude to Melancthon residents “who single-handedly kept pursuing the penta issue for months and months with the MOECC until they finally admitted there was in fact a problem.”
“The request filed by DWP (at the preliminary hearing in Shelburne, December 2nd) was for them to be excused from having to go to a public hearing because they were doing minor variations from what was originally approved at a public hearing last December,” Ms. Wallace said.
“This was a condition of their original approval; any major changes must go through a public process. So my question is why file for an exemption for a minor variation, but a major deviation like remediating 316 penta treated poles did not go through a hearing and a public process? Instead it was left up to a bureaucrat and DWP to decide how to fix the mess. The fact DWP and the MOECC won’t release the remediation plan is extremely concerning.” Continue reading Never Give Up